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DALTON v. EMPLOYMENT SEC. COM'N OF N. C.

No. 81-1242.

671 F.2d 835 (1982)

Marvin DALTON, Appellant, v. EMPLOYMENT SECURITY COMMISSION OF NORTH CAROLINA; and North Carolina State Personnel Commission, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 25, 1982.

Rehearing and Rehearing Denied April 21, 1982.

Attorney(s) appearing for the Case

Kenneth N. Flaxman, Durham, N. C. (Julius LeVonne Chambers, Chambers, Ferguson, Watt, Wallas, Adkins & Fuller, P. A., Charlotte, N. C., on brief), for appellant.

Norma S. Harrell, Asst. Atty. Gen., Thomas S. Whitaker, Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen., Raleigh, N. C., on brief), for appellees.

Before HAYNSWORTH, Senior Circuit Judge, and RUSSELL and HALL, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 21, 1982.

DONALD RUSSELL, Circuit Judge:

The plaintiff/appellant Marvin Dalton, along with three other plaintiffs, suing individually and as representatives of a proposed class, filed in May, 1975, a discrimination action under Title VII, 42 U.S.C. § 2000e et seq., and § 1981, 42 U.S.C. against the defendant Employment Security Commission of North Carolina, and certain individual defendants.

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